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NY C80212




October 22, 1997

CLA-2-95:S:T:1:3:D14-C80212

CATEGORY: CLASSIFICATION

TARIFF NO: 9503.90.0045

Ms. Annie Ortega
U. S. Import & Promotions Co., Inc.
407 Lincoln Road, Suite 12-D
Miami Beach, FL 33139

RE: The tariff classification of a Toy 18-wheeler Truck set from China, Manufacturer's ID 643618

Dear Ms. Ortega:

In your letter dated October 1, 1997, you requested a tariff classification ruling, on behalf of your client BP Oil Company. A sample of the subject item was submitted with your inquiry.

The submitted sample is a green, free-wheeling, tractor and trailer truck measuring approximately 15 inches in length. The trailer has a battery compartment under the chassis which contains two (2) "C" batteries. The batteries power the cab lights and headlights of the tractor and the sound mechanism located within the trailer. The lights, horn and voice sounds are actuated by two (2) switches located at the front of the trailer. The trailer also transforms into a simulated filling station complete with four (4) gas pumps and a garage bay. The trailer contains a grey, free-wheeling car inside. The car measures approximately 3 inches in length. The rear door of the trailer doubles as a ramp for the car.

Your sample is being returned, as requested.

The applicable tariff provision for the truck set will be 9503.90.0045 , Harmonized Tariff Schedule of the United States (HTS), which provides for Other toys and models. The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Irene Jankov
Port Director

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